以案说法 加强反腐倡廉教育

根据乌鲁木齐市行政学院的教学安排,2010年10月21日下午,第十一期公务员任职培训班学员到位于东戈壁农场的自治区第四监狱警示教育基地开展警示教育活动。     

论证据意义上的事实

研究证据意义上的事实,有助于准确把握事实与事物,案件事实与证据事实的联系与区别,有助于准确理解与把握我国刑事诉讼证据规定首次明文确立的证据裁判原则、意见证据排除规则。事实与事物既有同一性又存在明显差别。事物是事实的载体,事实是事物现象的表述;事物会发生变化,事实却不会变化,事物的变化导致产生新的事实;事物的反面是无,事实的反面是假。案件事实不同于证据事实,案件事实不是适用法律的依据,证据意义上的事实才是适用法律的根据;案件事实的存在形式不受限制,无法被消灭,却有赖于证据证明,证据意义上的事实不仅存在形式和表现方式要受限制,而且还可能被消灭;证据意义上的事实除了具有客观性特征外,还具主观性特征。证人证言中的事实与意见的界定,以及确定证人证言意见性陈述合乎一般生活经验判断的方法,证人根据专业知识就专业问题作出的评论与判断意见性陈述应具有证据事实属性。     

Lone Actor Terrorist Attack Planning and Preparation: A Data‐Driven Analysis,

This article provides an in‐depth assessment of lone actor terrorists’ attack planning and preparation. A codebook of 198 variables related to different aspects of pre‐attack behavior is applied to a sample of 55 lone actor terrorists. Data were drawn from open‐source materials and complemented where possible with primary sources. Most lone actors are not highly lethal or surreptitious attackers. They are generally poor at maintaining operational security, leak their motivations and capabilities in numerous ways, and generally do so months and even years before an attack. Moreover, the “loneness” thought to define this type of terrorism is generally absent; most lone actors uphold social ties that are crucial to their adoption and maintenance of the motivation and capability to commit terrorist violence. The results offer concrete input for those working to detect and prevent this form of terrorism and argue for a re‐evaluation of the “lone actor” concept.     

Equality and Postcolonial Claims of Discursive Injury

In Western Europe, individuals and groups increasingly claim that publicly enunciated denigrating racial discourse inflicts an injury upon them, and inscribe this claim under the rubric of equality. By adopting a method of claim‐centered critical theorizing, I discuss the possibilities and implications of reading “claims of racialized discursive injury” as claims to equality. A review of contemporary political theorists concerned with equality and injurious discourse establishes the democratic relevance of claims of discursive injury. A discussion of Judith Butler's theory of performativity then identifies the properties of the injurable subject and of discourse's power. Finally, I specify how a postcolonial stance enables us to grasp the actualization of discursive injury as it resonates between past colonial inequalities and threats of future exclusion or death. This equality‐focused reading sheds light on the transformative potential of claims of racialized discursive injury for resignifying equality in contexts marked by “race” and postcolonialism.     

End of the Lone Wolf: The Typology that Should Not Have Been

This research note argues that the “lone wolf” typology should be fundamentally reconsidered. Based on a three-year empirical research project, two key points are made to support this argument. First, the authors found that ties to online and offline radical milieus are critical to lone actors' adoption and maintenance of both the motive and capability to commit acts of terrorism. Second, in terms of pre-attack behaviors, the majority of lone actors are not the stealthy and highly capable terrorists the “lone wolf” moniker alludes to. These findings not only urge a reconsideration of the utility of the lone-wolf concept, they are also particularly relevant for counterterrorism professionals, whose conceptions of this threat may have closed off avenues for detection and interdiction that do, in fact, exist.     

Quebec’s resilient redistribution model: Activation policies in the 2010s

Compared to the rest of Canada, Quebec has an ambitious and redistributive social model, which includes an elaborate set of Active Labour Market Policies (ALMP), with higher expenditures as a percentage of GDP, an encompassing coverage, and collaborative, multipartite governance arrangements. Since the 2008 recession, however, most OECD countries have implemented retrenchment measures, market enforcement, and individual action plans to their ALMP. Using provincial, federal, and OECD data and reports, this article maps the recent evolution of Quebec’s ALMP in light of these trends. Quebec’s model appears largely resilient, despite declining expenditures and modest concessions to conditionality in social assistance.     

The Goods Transport Network’s Vulnerability to Crime: Opportunities and Control Weaknesses

This paper presents the findings of a qualitative study into the goods transport sector and its vulnerability to crime. Based on 33 interviews with professionals and law enforcement agents, four interviews with convicted criminals, 26 case files from the Belgian Federal Police and the customs services and 9 informal conversations with law enforcement agency personnel, academics and professionals, the paper analyses what structures, mechanisms, conditions and interdependencies make the goods transport network susceptible to criminal activity. It is suggested that vulnerability to crime is twofold, consisting of opportunities based on weak sector conditions and weak regulation. It will be demonstrated that small and medium enterprises present particular opportunities for criminal exploitation due to their weaker financial position and the lack of crime prevention measures in place. The study found no criminal ‘front’ structures that are transport businesses alone, because of the high start-up costs within the industry; rather, non-transport companies are exploited to connect to the legal transport sector. Finally, the paper identifies key weaknesses in the sector, asking whether there should be due diligence or regulatory duties for certain roles in the supply chain like shipping agents.